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In Turkish Law, foreigners are required to provide a guarantee in order to file a lawsuit in Turkish courts, initiate enforcement proceedings or be involved in any lawsuit. Since it would naturally be difficult to reach a person who is not resident or affiliated with Turkey, this requirement aims to protect both the defendant and the plaintiff.
The obligation to provide guarantees is regulated both in the Turkish Civil Procedure Law No. 6100 and the Turkish International Special and Procedural Law No. 5718. Pursuant to paragraph 1 of Article 84 of the Turkish Code of Civil Procedure, “adequate security must be provided to avoid any contingency. In case of loss of the defendant; (a) A Turkish citizen who does not reside in Turkey files a lawsuit, intervenes in the lawsuit or initiates enforcement proceedings, the plaintiff has started the case or the plaintiff has a certificate of insolvency or the plaintiff has difficulty in paying his debts proven by documents. This article of law is only valid for persons with Turkish citizenship but residing abroad.
On the other hand, the Turkish International Private and Procedural Law No. 5718 defines the obligation to provide guarantees to real persons who are not Turkish citizens and to legal entities whose headquarters are outside the borders of Turkey. According to Paragraph 1 of Article 48 of the Turkish International Private and Procedural Law No. 5718: “Foreign real or legal persons who file a lawsuit before a Turkish court, become involved in the lawsuit or initiate enforcement proceedings are required to provide a guarantee equal to the amount. It is determined by the court that the other party’s loss and damage, as well as the costs of legal proceedings and proceedings, will be covered. In this context, the guarantee means the guarantee provided by the plaintiff to cover the defendant’s possible losses and damages, litigation costs and court costs.
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The implementation of the first paragraph of the 48th article of the Turkish International Private and Procedure Law No. 5718 mentioned above depends on the element of citizenship. So it depends on the foreigner. Foreigners, on the other hand, include stateless persons and persons who are not Turkish citizens.
Since giving the security is a procedural requirement in the Turkish legal system, if the plaintiff fulfills the conditions stated in the above article, the court gives the plaintiff a definite period of time and if the requested security is not deposited within the given period, the court gives the defendant time this time. If the defendant does not deposit the requested security and the statute of limitations expires, the case is dismissed on the merits.
However, there are some exceptions to the obligation of non-citizens to provide security in the Turkish legal system, such as reciprocity and legal aid programs. Reciprocity can be in three ways: arising from law, arising from contract, arising from litigation. International agreements/contracts should be evaluated for contractual reciprocity. As long as the laws (legal reciprocity) or actual practices (de facto reciprocity) of the foreigner’s government do not impose an obligation to provide security if a Turkish citizen sues, initiates enforcement proceedings or intervenes in the case in a foreign country, the foreigner’s obligation to provide security also ceases.
On the other hand, foreigners can also benefit from legal aid programs. If there is reciprocity between Turkey and the country where the foreigner currently resides and resides, and if the foreigner meets the criteria of the legal aid programs, the foreigner’s obligation to provide security is eliminated.
As a result, foreigners are obliged to provide collateral for security purposes when filing a lawsuit in Turkey, while being involved in the lawsuit and initiating enforcement proceedings. Provided that the exceptions stipulated in Turkish laws are reserved, the guarantee obligation is the rule.
Antalya Lawyer Ahmet Alkan Law Office
Antalya Lawyer Ahmet Alkan Law Office was established in Antalya Kepez in 2015 by Lawyer Ahmet Alkan. Alkan Law Office does not compromise its clients’ sacred right of defense in all areas of law.
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